Title 47 — Telecommunications
Part B · Chapter 6 — Communications Satellite System
§ 763. General criteria to ensure a pro-competitive privatization of INTELSAT and Inmarsat
Statutory text
The President and the Commission shall secure a pro-competitive privatization of INTELSAT and Inmarsat that meets the criteria set forth in this section and sections 763a through 763c 1 of this title. In securing such privatizations, the following criteria shall be applied as licensing criteria for purposes of part A:
Dates for privatization
Privatization shall be obtained in accordance with the criteria of this subchapter of—
INTELSAT as soon as practicable, but no later than ; and
Inmarsat as soon as practicable, but no later than .
Independence
The privatized successor entities and separated entities of INTELSAT and Inmarsat shall operate as independent commercial entities, and have a pro-competitive ownership structure. The successor entities and separated entities of INTELSAT and Inmarsat shall conduct an initial public offering in accordance with paragraph (5) to achieve such independence. Such offering shall substantially dilute the aggregate ownership of such entities by such signatories or former signatories. In determining whether a public offering attains such substantial dilution, the Commission shall take into account the purposes and intent, privatization criteria, and other provisions of this subchapter, as well as market conditions. No intergovernmental organization, including INTELSAT or Inmarsat, shall have—
an ownership interest in INTELSAT or the successor or separated entities of INTELSAT; or
more than minimal ownership interest in Inmarsat or the successor or separated entities of Inmarsat.
Termination of privileges and immunities
The preferential treatment of INTELSAT and Inmarsat shall not be extended to any successor entity or separated entity of INTELSAT or Inmarsat. Such preferential treatment includes—
privileged or immune treatment by national governments;
privileges or immunities or other competitive advantages of the type accorded INTELSAT and Inmarsat and their signatories through the terms and operation of the INTELSAT Agreement and the associated Headquarters Agreement and the Inmarsat Convention; and
preferential access to orbital locations.
Access to new, or renewal of access to, orbital locations shall be subject to the legal or regulatory processes of a national government that applies due diligence requirements intended to prevent the warehousing of orbital locations.
Prevention of expansion during transition
During the transition period prior to privatization under this subchapter, INTELSAT and Inmarsat shall be precluded from expanding into additional services.
Conversion to stock corporations
Any successor entity or separated entity created out of INTELSAT or Inmarsat shall be a national corporation or similar accepted commercial structure, subject to the laws of the nation in which incorporated, as follows:
An initial public offering of securities of any successor entity or separated entity—
shall be conducted, for the successor entities of INTELSAT, on or about , except that the Commission may extend this deadline in consideration of market conditions and relevant business factors relating to the timing of an initial public offering, but such extensions shall not permit such offering to be conducted later than ; and
shall be conducted, for the successor entities of Inmarsat, not later than , except that the Commission may extend this deadline to not later than .
The shares of any successor entities and separated entities shall be listed for trading on one or more major stock exchanges with transparent and effective securities regulation.
A majority of the members of the board of directors of any successor entity or separated entity shall not be directors, employees, officers, or managers or otherwise serve as representatives of any signatory or former signatory. No member of the board of directors of any successor or separated entity shall be a director, employee, officer or manager of any intergovernmental organization remaining after the privatization.
Any successor entity or separated entity shall—
have a board of directors with a fiduciary obligation;
have no officers or managers who are officers or managers of any signatories or former signatories; and
have no directors, officers, or managers who hold such positions in any intergovernmental organization.
Any transactions or other relationships between or among any successor entity, separated entity, INTELSAT, or Inmarsat shall be conducted on an arm’s length basis.
Notwithstanding subparagraphs (A) and (B), a successor entity may be deemed a national corporation and may forgo an initial public offering and public securities listing and still achieve the purposes of this section if—
the successor entity certifies to the Commission that—
the successor entity has achieved substantial dilution of the aggregate amount of signatory or former signatory financial interest in such entity;
any signatories and former signatories that retain a financial interest in such successor entity do not possess, together or individually, effective control of such successor entity; and
no intergovernmental organization has any ownership interest in a successor entity of INTELSAT or more than a minimal ownership interest in a successor entity of Inmarsat;
the successor entity provides such financial and other information to the Commission as the Commission may require to verify such certification; and
the Commission determines, after notice and comment, that the successor entity is in compliance with such certification.
For purposes of subparagraph (F), the term “substantial dilution” means that a majority of the financial interests in the successor entity is no longer held or controlled, directly or indirectly, by signatories or former signatories.
Regulatory treatment
Any successor entity or separated entity created after , shall apply through the appropriate national licensing authorities for international frequency assignments and associated orbital registrations for all satellites.
Competition policies in domiciliary country
Any successor entity or separated entity shall be subject to the jurisdiction of a nation or nations that—
have effective laws and regulations that secure competition in telecommunications services;
are signatories of the World Trade Organization Basic Telecommunications Services Agreement; and
have a schedule of commitments in such Agreement that includes non-discriminatory market access to their satellite markets.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–624 title VI § 621 · 76 Stat. 419
Enacted · 47 U.S.C. § 763
Pub. L. 87–624, title VI, § 621, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 51
Source evidence
Code source credit
Pub. L. 87–624, title VI, § 621, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 51Pub. L. 107–77 title VI § 628 · 115 Stat. 748
Substituted · 47 U.S.C. § 763(5)(A)(ii)
Pub. L. 107–77 substituted “not later than December 31, 2002, except that the Commission may extend this deadline to not later than June 30, 2003” for “on or about October 1, 2000, except that the Commission may extend this deadline in consideration of market conditions and relevant business factors relating to the timing of an initial public offering, but to no later than December 31, 2001”
Source evidence
Code amendment note
Par. (5)(A)(ii). Pub. L. 107–77 substituted “not later than December 31, 2002, except that the Commission may extend this deadline to not later than June 30, 2003” for “on or about October 1, 2000, except that the Commission may extend this deadline in consideration of market conditions and relevant business factors relating to the timing of an initial public offering, but to no later than December 31, 2001”.Enacted provision · exact public law section
Sec. 628. Clause (ii) of section 621(5)(A) of the Communications Satellite Act of 1962 (47 U.S.C. 763(5)(A)) is amended by striking “on or about October 1, 2000,” and all that follows through the end and inserting “not later than December 31, 2002, except that the Commission may extend this deadline to not later than June 30, 2003.Pub. L. 107–233 § 1 · 116 Stat. 1480
Substituted · 47 U.S.C. § 763(5)(A)(i)
Pub. L. 107–233 substituted “December 31, 2003,” for “October 1, 2001,”
Substituted · 47 U.S.C. § 763(5)(A)(i)
Pub. L. 107–233 substituted “June 30, 2004;” for “December 31, 2002;”
Source evidence
Code amendment note
Par. (5)(A)(i). Pub. L. 107–233 substituted “December 31, 2003,” for “October 1, 2001,” and “June 30, 2004;” for “December 31, 2002;”.Enacted provision · exact public law section
SECTION 1. EXTENSION OF IPO DEADLINE. Section 621(5)(A)(i) of the Communications Satellite Act of 1962 (47 U.S.C. 763(5)(A)(i)) is amended— (1) by striking “October 1, 2001,” and inserting “December 31, 2003,”; and (2) by striking “December 31, 2002;” and inserting “June 30, 2004;”.ORBIT Technical Corrections Act of 2003
Pub. L. 108–39 § 2 · 117 Stat. 835
Substituted · 47 U.S.C. § 763(5)(A)(ii)
Pub. L. 108–39 substituted “June 30, 2004” for “December 31, 2002”
Substituted · 47 U.S.C. § 763(5)(A)(ii)
Pub. L. 108–39 substituted “December 31, 2004” for “June 30, 2003”
Source evidence
Code amendment note
Par. (5)(A)(ii). Pub. L. 108–39 substituted “June 30, 2004” for “December 31, 2002” and “December 31, 2004” for “June 30, 2003”.Enacted provision · exact public law section
SEC. 2. INITIAL PUBLIC OFFERING DEADLINES. Clause (ii) of section 621(5)(A) of the Communications Satellite Act of 1962 (47 U.S.C. 763(5)(A)) is amended— (1) by striking “December 31, 2002” and inserting “June 30, 2004”; and (2) by striking “June 30, 2003” and inserting “December 31, 2004”.Pub. L. 108–228 § 1 · 118 Stat. 644
Substituted · 47 U.S.C. § 763(5)(A)(i)
Pub. L. 108–228 substituted “June 30, 2005” for “December 31, 2003”
Substituted · 47 U.S.C. § 763(5)(A)(i)
Pub. L. 108–228 substituted “December 31, 2005” for “June 30, 2004”
Source evidence
Code amendment note
Par. (5)(A)(i). Pub. L. 108–228 substituted “June 30, 2005” for “December 31, 2003” and “December 31, 2005” for “June 30, 2004”.Enacted provision · exact public law section
SECTION 1. EXTENSION OF IPO DEADLINE. Section 621(5)(A)(i) of the Communications Satellite Act of 1962 (47 U.S.C. 763(5)(A)(i)) is amended— (1) by striking “December 31, 2003,” and inserting “June 30, 2005,”; and (2) by striking “June 30, 2004;” and inserting “December 31, 2005;”.Pub. L. 108–371 § 1(1) · 118 Stat. 1752
Substituted · 47 U.S.C. § 763(5)(A)(ii)
Pub. L. 108–371, § 1(1), substituted “June 30, 2005” for “June 30, 2004”
Source evidence
Code amendment note
Par. (5)(A)(ii). Pub. L. 108–371, § 1(1), substituted “June 30, 2005” for “June 30, 2004”.Enacted provision · exact public law section
(1) in subparagraph (A)(ii), by striking “June 30, 2004” and inserting “June 30, 2005”; andPub. L. 108–371 § 1(2) · 118 Stat. 1752
Added · 47 U.S.C. § 763(5)(F); 47 U.S.C. § 763(5)(G)
Pub. L. 108–371, § 1(2), added subpars. (F) and (G)
Source evidence
Code amendment note
Par. (5)(F), (G). Pub. L. 108–371, § 1(2), added subpars. (F) and (G).Enacted provision · exact public law section
(2) by adding at the end the following new subparagraph: “(F) Notwithstanding subparagraphs (A) and (B), a successor entity may be deemed a national corporation and may forgo an initial public offering and public securities listing and still achieve the purposes of this section if— “(i) the successor entity certifies to the Commission that— “(I) the successor entity has achieved substantial dilution of the aggregate amount of signatory or former signatory financial interest in such entity; “(II) any signatories and former signatories that retain a financial interest in such successor entity do not possess, together or individually, effective control of such successor entity; and “(III) no intergovernmental organization has any ownership interest in a successor entity of INTELSAT or more than a minimal ownership interest in a successor entity of Inmarsat; “(ii) the successor entity provides such financial and other information to the Commission as the Commission may require to verify such certification; and “(iii) the Commission determines, after notice and comment, that the successor entity is in compliance with such certification. “(G) For purposes of subparagraph (F), the term ‘substantial dilution’ means that a majority of the financial interests in the successor entity is no longer held or controlled, directly or indirectly, by signatories or former signatories.” .Pub. L. 109–34 § 1(1) · 119 Stat. 377
Struck · 47 U.S.C. § 763(5)(D)(ii)
Pub. L. 109–34, § 1(1), (2), struck out subcl. (I) designation after “managers who”
Substituted · 47 U.S.C. § 763(5)(D)(ii)
Pub. L. 109–34, § 1(1), (2), substituted “signatories; and” for “signatories, or (II) have any direct financial interest in or financial relationship to any signatories or former signatories, except that such interest may be managed through a blind trust or similar mechanism;”
Source evidence
Code amendment note
Par. (5)(D)(ii). Pub. L. 109–34, § 1(1), (2), struck out subcl. (I) designation after “managers who” and substituted “signatories; and” for “signatories, or (II) have any direct financial interest in or financial relationship to any signatories or former signatories, except that such interest may be managed through a blind trust or similar mechanism;”.Enacted provision · exact public law section
(1) by striking “(I)” in clause (ii);Pub. L. 109–34 § 1(3) · 119 Stat. 377
Substituted · 47 U.S.C. § 763(5)(D)(iii)
Pub. L. 109–34, § 1(3), substituted “organization.” for “organization; and”
Source evidence
Code amendment note
Par. (5)(D)(iii). Pub. L. 109–34, § 1(3), substituted “organization.” for “organization; and”.Enacted provision · exact public law section
(3) by striking “organization; and” in clause (iii) and inserting “organization.”; andPub. L. 109–34 § 1(4) · 119 Stat. 377
Struck · 47 U.S.C. § 763(5)(D)(iv)
Pub. L. 109–34, § 1(4), struck out cl. (iv) which read as follows: “in the case of a separated entity, have no officers or directors, who (I) are officers or managers of any intergovernmental organization, or (II) have any direct financial interest in or financial relationship to any international organization, except that such interest may be managed through a blind trust or similar mechanism.”
Source evidence
Code amendment note
Par. (5)(D)(iv). Pub. L. 109–34, § 1(4), struck out cl. (iv) which read as follows: “in the case of a separated entity, have no officers or directors, who (I) are officers or managers of any intergovernmental organization, or (II) have any direct financial interest in or financial relationship to any international organization, except that such interest may be managed through a blind trust or similar mechanism.”Enacted provision · exact public law section
(4) by striking clause (iv).
13 of 14 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 763b of this title, referred to in text, was repealed by Pub. L. 109–34, § 2, , 119 Stat. 377.
Section 763c of this title, referred to in text, was amended generally by Pub. L. 109–34, § 3, , 119 Stat. 377, and no longer relates to specific criteria for Inmarsat privatization.
Amendments2001–2005 · 5 rounds
2005
Par. (5)(D)(ii). Pub. L. 109–34, § 1(1), (2), struck out subcl. (I) designation after “managers who” and substituted “signatories; and” for “signatories, or (II) have any direct financial interest in or financial relationship to any signatories or former signatories, except that such interest may be managed through a blind trust or similar mechanism;”.
Par. (5)(D)(iii). Pub. L. 109–34, § 1(3), substituted “organization.” for “organization; and”.
Par. (5)(D)(iv). Pub. L. 109–34, § 1(4), struck out cl. (iv) which read as follows: “in the case of a separated entity, have no officers or directors, who (I) are officers or managers of any intergovernmental organization, or (II) have any direct financial interest in or financial relationship to any international organization, except that such interest may be managed through a blind trust or similar mechanism.”
2004
Par. (5)(A)(i). Pub. L. 108–228 substituted “” for “” and “” for “”.
Par. (5)(A)(ii). Pub. L. 108–371, § 1(1), substituted “” for “”.
Par. (5)(F), (G). Pub. L. 108–371, § 1(2), added subpars. (F) and (G).
2003
Par. (5)(A)(ii). Pub. L. 108–39 substituted “” for “” and “” for “”.
2002
Par. (5)(A)(i). Pub. L. 107–233 substituted “,” for “,” and “;” for “;”.
2001
Par. (5)(A)(ii). Pub. L. 107–77 substituted “not later than , except that the Commission may extend this deadline to not later than ” for “on or about , except that the Commission may extend this deadline in consideration of market conditions and relevant business factors relating to the timing of an initial public offering, but to no later than ”.
Statutory Notes and Related Subsidiaries
Immigration Status of Alien Employees of INTELSAT after Privatization
Title III of Pub. L. 106–396, , 114 Stat. 1645, provided for maintenance of nonimmigrant and special immigrant status of alien employees of INTELSAT and their immediate family members after privatization, and for treatment of employment for purposes of obtaining immigrant status as a multinational executive or manager.
Credits
2000–2005 · 7 acts
- 2000Pub. L. 87–624, title VI, § 621, as added Pub. L. 106–180, § 3, , 114 Stat. 51
- 2001amended Pub. L. 107–77, title VI, § 628, , 115 Stat. 804
- 2002Pub. L. 107–233, § 1, , 116 Stat. 1480
- 2003Pub. L. 108–39, § 2, , 117 Stat. 835
- 2004Pub. L. 108–228, § 1, , 118 Stat. 644
- 2004Pub. L. 108–371, § 1, , 118 Stat. 1752
- 2005Pub. L. 109–34, § 1, , 119 Stat. 377.
Show as published
(Pub. L. 87–624, title VI, § 621, as added Pub. L. 106–180, § 3, , 114 Stat. 51; amended Pub. L. 107–77, title VI, § 628, , 115 Stat. 804; Pub. L. 107–233, § 1, , 116 Stat. 1480; Pub. L. 108–39, § 2, , 117 Stat. 835; Pub. L. 108–228, § 1, , 118 Stat. 644; Pub. L. 108–371, § 1, , 118 Stat. 1752; Pub. L. 109–34, § 1, , 119 Stat. 377.)